Professional Conduct - D. WRITTEN SUBMISSIONS TO COURTS, INCLUDING BRIEFS, MEMORANDA, AFFIDAVITS, AND DECLARATIONS PDF Print E-mail

Thursday, 09 October 2008 14:50
Article Index
Professional Conduct
FORWARD
PREAMBLE
A. GENERAL PRINCIPLES
B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
C. SERVICE OF PAPERS
D. WRITTEN SUBMISSIONS TO COURTS, INCLUDING BRIEFS, MEMORANDA, AFFIDAVITS, AND DECLARATIONS
E. COMMUNICATION WITH ADVERSARIES
F. DEPOSITIONS
G. DOCUMENT DEMANDS
H. INTERROGATORIES
I. MOTION PRACTICE
J. EX PARTE COMMUNICATIONS WITH COURTS AND OTHERS
K. SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
L. TRIAL CONDUCT AND COURTROOM DECORUM
All Pages
Page 7 of 15
D. WRITTEN SUBMISSIONS TO COURTS, INCLUDING BRIEFS, MEMORANDA, AFFIDAVITS, AND DECLARATIONS
  • Copies of any submissions to the court (correspondence, memoranda of law, case law, and so forth) should be provided simultaneously to opposing counsel by substantially the same method of delivery by which they are provided to the court. For example, if a memorandum of law is hand-delivered to the court, a copy should be hand-delivered or faxed to opposing counsel at the same time. If asked by the court to prepare an order, counsel should furnish a copy of the order, and any transmitted letter, to opposing counsel when the material is submitted to the court. Sending an additional copy by electronic mail also is encouraged, if possible.
  • Papers, including memoranda of law, should not be served at court appearances unless the proponent agrees to give opposing counsel reasonable time following the court appearance in which to respond to the papers. If papers, including memoranda of law, are served before a court appearance, those papers should not be served so close in time to the court appearance as to inhibit the ability of opposing counsel to prepare for that appearance or to respond to the papers.
  • Neither written submissions nor oral presentations should disparage the intelligence, ethics, morals, integrity, or personal behavior of one's adversary, unless those characteristics or actions are directly and necessarily in issue.

Last Updated on Thursday, 09 October 2008 15:01
 
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